Corrected version of the previous article on the Communal Bill

October 24, 2013 at 2:44 pm 9 comments

The proposed Prevention of Communal and Targeted Violence Bill has been drafted outside Parliament by the National Advisory Committee. The bill was drafted by a subgroup-convenor being Ms Farha Naqvi and includes Teesta Seetalvad ,Harish Mander and others. It is an indication of how unbiased and objective the Bill will be.
The question which comes to my mind is why was this Bill drafted? What is the urgency? There is no preamble to justify the need of this Bill. When the country is reeling under inflation and corruption and the next is the cross border terrorism. There is no doubt that terrorism must be tackled; for this there are several Centre and State agencies. These have to be made more effective by giving them autonomy and by the government restraining from interference. Why was POTA repealed?
There are 9 articles and 139 sections and subsections in the Bill. The most portent being Art 3(E) all others revolve round this. This is the single most mischievous and pernicious concept in the Bill. It straight away divides society into two blatantly-‘the Group” and ‘the others’. The Group consists of the religious and linguistic minorities and the others are the majority Hindus.
What is baffling is that even when the Hindus in a district become the minority in strength according to the Bill’s concept the Group does not apply to it. Hence right from the very start the Bill is a communal Bill meant to garner votes and not meant to prevent communal violence. This is obvious and apparent when the Bill further clarifies that the Group is considered to be victims and the “Others” perpetrators. How is victim hood bestowed on the Group straight away? Can the others not be victims-and what if they are? Can there be a more communalized perception. Yet according to Manish Tiwari this is a progressive bill! This Bill precludes the Hindus under the assumption.
What is still more prejudicial is the statement that all acts of violence between same religious groups are considered outside the purview of the proposed Bill. Hence if there is a riot/clash between the Sunnis and the Shias,if Christian church groups are involved in a riot these do not come under the purview of the Bill..
Another inexplicable mistake is the inclusion of the Schedule Castes and Schedule Tribes. These have a full fledged Commission to look into offences committed against them. So if a person commits an offence against this group then he/she is doubly punishable .Can a perpetrator attract double punishment for the same offence? The drafters of the Bill have ignored Justice Ranganath Misra Commission report on linguistic and minorities. Because the situation differs from place to place. A minority in a Taluka can become a majority in another State and Taluka. Every other language spoken by a people apart from the State becomes a linguistic minority. Hence a Tamilian will be a linguistic minority in every other State except Taminadu.The same goes for other languages.
It is intriguing how the drafters have been unable to hide their fangs when it comes to Art 3(f) the creation of a coercive environment. This concept is not easy to prove because boycotting the profession of means of living of a member of the Group, insulting the members of the Group by refusing to use their vehicles, educational institutions, transportation, depriving or threatening to deprive members of the Group their Fundamental Rights, depriving the members of the Group of their place to live and means of their livelihood without their permission etc. All this or any one goes to mean ‘coercive environment and is punishable. This would mean that refusing to sell Shabana Azmi –the actor-a house she wants to buy is creating a coercive environment and can be punished. The drafters have forgotten that others too have their Fundamental Right to sell or not to sell their land or houses-to use or not to use the vehicles owned by the minorities. Hence this proposed Bill negates the Fundamental rights of the Indians and is biased and discriminatory.
Section 8 violates the Freedom Speech of the majority only. Because it says that any advertisement, written statement, gestures or oral statement made against a member of the Group if it leads to violence or spreading tension against members of the Group it constitutes ‘Hate disinformation’ What about Rahul Gandhi now with his sob story saying that his grandmother was murdered, his father was murdered and he too will be killed by ‘them’ Who is the ‘them’ It can be the Sikhs it can be the LTTE. Does this qualify for ‘hate disinformation’? But RG wants to target the BJP so the ‘them’can be anyone who opposes him.
No riots are logical and can be accepted .But riots are not new to India.It is made to look that there was only one riot and that is the Gujarat riots after the Godhra carnage. George Augustine in his article ‘Kill the mocking bill cites Ms Zenab Banu in her “Politics of Communalism: a politico-historical analysis of communal riots in post-independence India with special reference to Gujarat and Rajasthan riots”(1989) there have been 74 communal riots between 1953 and 1977 0f which 75 % were instigated by Muslims.
Section 9(2) makes the public servant, such as District Magistrate or police officer ,criminally liable by presumption and not evidence .Vague language is used on ‘dereliction of duty’It is not only vague but gives a powerful handle to religious minorities to terrorize and or intimidate members of the majority community 12,13 and 14 there by tries to impose responsibility on public servants –whether they could honestly or not contain riots and violence. Two instances I would like to cite-on this basis is not Rajiv Gandhi responsible for the Sikh pogrom? He went even a step further and justified it. Will a straight forward cop like Julio Riberiro be penalized for not preventing the riots in Maharastra?
Section 20 is a blow to Federalism and is anti-constitutional .It creates confusion about the power of the Centre and the State because communal and targeted violence would be considered “internal disturbance” .And any riot in any one area is fit to be termed as “internal disturbance’ and hence fit to impose the President’s rule. The rest of the Bill deals with National Authority and State Authority-Rehabilitation and compensation etc.When it comes to the National Authority and State authority of the 7 members it is stipulated that at least 4 must belong to the minority community. Again the bias is obvious. Why should the Governor be the authority to appoint the State Authority is another disputable area?
What baffles one is why this Bill.If THE Centre was keen on fighting terrorism then why did it repeal POTA? The proposed Bill is focused only on ‘saffron’ terror. Communal violence and terrorism has no colour Terror cannot be fought on such a prejudicial and biased manner. Let us uphold truth and speak out.No religion except Islam has countenanced jihad no religion except the minority religions uphold fatwas and use the pulpits to spreads hate .We are playing with innocent lives Fight terrorism please but not based on injustice. This is nothing but a communal Bill.
It is discriminatory, biased, anti-constitutional and unjust. It is our duty to fight the communalism of the Congress which has revealed its true color in the form of the Bill. It is the sacred duty of each and every one of us to fight this Bill and the communalism of the Congress. We are one –irrespective of religion, community and caste and region.We are a nation-we are all Indians. The Congress is divisive and wants for cheap politics to communalize and polarize the nation.A study revealed that 95 percent of the Muslims have Hindu ancestry. It is in this oneness that our strength lies. Lets defeat the Communal Congress and its base motives-its power hungry strategies to garner votes it is prepared to sacrifice this nation of Indians on the altar of communalism and violence.Let this proposed Bill be “torn apart and throw it off-it is complete nonsense” for it is no Prevention of Communal and Targeted violence but a vote garnering strategy at the cost of the nation.
Dr Mrs Hilda Raja, Vadodara


Entry filed under: Uncategorized.

Prevention of Communal and Targeted Violence Bill A rejoinder to the Economist NewspaperA rejoinder to the Economist- The Indian Express of Dec 20th carried an article from the Economist on page(9) on Modi.-titled Narendra Modi –“A man of some of the people-A populist with a nasty past and a decent economic record wants to run India”. I think the author used his colored spectacles and wrote that article. It was not only biased but very crude.The analysis was meant only to show Modi in a bad light.What is the ‘nasty past’ of Modi? Going through the article which is so prejudicial even I was unable to detect the ‘nasty past’ of Modi Let me assure the author that Modi is not a man of some people but a man of most of the people. The author must be a sycophant from the court of the ‘prince’ and that explains why even the comparisons are so skewed. The caption that ‘despite receiving little schooling and not being of a high caste Mode rose…..This under the file picture on the same page says it all. So the author has exposed his bias.The very fact he has mentioned of schooling and caste bringing in the social yard sticks by which he has measured Modi.We have had great politicians who had hardly passed the 5th standard and yet they made good politicians. On the other hand we have an economist of a PM who has sent the country down the drain.We have Mrs Sonia Gandhi with not much schooling and still managed to reign as Empress of India and dictate to the economist PM-who through her NAC runs the country. How is Modi less schooled than Mrs Sonia Gandhi? Talking about caste what caste does Sonia and Rahul Gandhi belong to? The author has demeaned himself by even commenting “At rallies Mr Modi, who looks like a barrel -chested cross between Father Christmas and a professional wrestler” What if one has to say that the Prime Minister looks like a fox and functions as a robot. Does it read well? Rahul Gandhi looks like he is lost in wonderland and needs to read Alice in Wonderland .I am just putting this to show how irrelevant these are to the main issue. Yes, Narendra Modi is the Prime ministerial candidate and that has sent the jitters down the spine of the Congress and its sycophants The author does not see how the country has suffered from the Congress’ actions and inactions. How the people have become servile and pushed to a corner. How after 57 years of its ruling the country the nation is more backward than it was formerly. How starvation and pauperized the people are. How the corruption has shaken the very fabric of the government. Right from the top down to the bottom it is a corrupt government that we have. Now comes the relevance of Modi-a strong no nonsense leader with strong leadership qualities is what the nation needs. How can any nation become strong when it is steeped in corruption? It is not as though corruption is in small areas.It is not only massive but wide spread. Every single neta is corrupt. But one cannot point a finger on this score against Modi. For example, Modi takes a salary of Rs 12553 and manages with three personal staff. While the average salary of a CM is 5 lakhs and a personal staff up to 22 people. When it comes to Mrs Sonia Gandhi)In her last affidavit she had mentioned that she has an ancestral house in Italy –as the only immovable asset .She also mentioned that she borrowed money from her daughter. In the recent affidavit her net worth has been calculated to 2 billion, making her richer than Queen Elizabeth, the Sultan of Omar, the Prince of Monaco and the Sheikh of Kuwait(IE Dec3rd )This goes to prove the quantum of corruption and the mother head of it all. Everyone knows how Mrs Sonia Gandhi came to India and with what. What were her assets and what was her qualification. How has she acquired such wealth? Does she not owe the people of India an explanation? If Mrs. Sonia Gandhi has amassed such wealth what about others? Will she be able to accuse others? Will she be able to stem corruption? Can a dirty Hand clean the nation’s financial sheet? What if Modi has amassed even a fraction of the assets which today is attributed to Mrs Sonia Gandhi? How will the political parties and the media react? We have a PM who abets corruption. There is complete paralysis of the government both at policy level and at the governance level. There is a dual power centre-I am sorry- there is only one power centre and that is an extra constitutional one that revolves round Mrs Sonia Gandhi-and the PM is just a puppet. It is from this background and this ‘inner circle’ that Rahul Gandhi comes out and is projected as the Prime Ministerial candidate. He who never fails to talk of change must change first the very ascendancy of himself. Must start right at the top and not just talk of change. This is the backdrop in which Modi has to be seen and it must be understood that the people have got fed up of the Congress. The writing on the wall is clear.May be persons like the author and other sycophants are on denial mood that there is no anti-Congress wave. There is not only an anti Congress wave but also a pro Modi wave.And we have a powerful lobby trying to arrest his rise.This lobby certainly does not stand to gain and is not pro national. It wants the same old netas and the corrupt Congress to continue with of course some cosmetic changes. The country has lost its vitality and is considered as a soft nation. The media is biased against Modi and hence harps on his ‘nasty past’ What is the nasty past may I ask? If the Congress which had imposed Emergency on this nation can continue, if the Congress party which had organized and engineered an Sikh pogrom in the after math of Mrs Gandhi’s assassination is being absolved why should the Gujarat riots of 2002 be held against Modi? It makes no difference if Amarya Sen thinks so…he is a sycophant of the Gandhis and his reasoning has no logic because he says that Sonia Gandhi and Rahul were not in the government while the Sikh pogrom took place in 1984 while Modi was the CM during the Gujarat riots. For one thing how does it absolve Mrs Sonia Gandhi and Rahul when the Congress party is the same and those who incited the people and led them to the Sikh shanties were all rewarded with ministerial berths, and when Rajiv Gandhi justified the pogrom. The same line -the same dynasty is ruling and wants to continue.This butchering of thousands of Sikhs is absolved but Modi is not-there is a difference between riots and pogrom.In the Gujarat riots Hindus were also killed.They may be fewer but this is not the first communal riot in Gujarat or in India and there has been riots in other parts of the country.Riots have been almost a feature of this nation because of the policies followed by the Congress and other political parties.So to hold the Gujarat riots as Modi’s ‘nasty past’ is absolutely off sync. And Rahul Gandhi goes on reminding the people what his father did and what his grandmother did and what his great grand father did etc..The legacy baggage also contain the tens of thousands of Sikh lives that were brutally butchered-the destruction of the houses,rape of Sikh girls arson and plunder.Legacy baggage cannot be sorted out at the discretion of Amartya Sen,and the Gandhis and the Congress party. Modi has not divided the nation-Modi is not communal. It is the biased perception of the Congress and all other political parties-For example are the RJD, BSP, SP not communal? Yet has the Congress not allied with these? All the political parties thrive on communalizing the people on the basis of caste, region and religion. And to top it all the Congress’ appeasement policy is communal in its very inception, its operation and its goal. Why put the odium on Modi and call him communal and divisive? It is a fact that Rahul Gandhi is not fit to lead the nation. He has a long way to go and must prove himself. Everything was given unto him. He did not earn anything through hard work. So one can only laugh when he talks of change. How did he become the Vice President of the Congress party? A democracy is not based on birth-a dynasty is a negation of democracy and reveals that we do not have true democracy. Simply because other netas follow the same pattern does not make democracy vibrant. It seems that the politicians all want to follow the dynasty route-this because it is the easy route to mint money, no accountability and no work load, no prescribed norms, easy life. A look at the assets of all our netas will reveal this-the enormous assets for the past five years-their life style substantiates this. And to cap all this there is no basic qualification called for! To get back to the MODI –a man of some of the people…”the author has labored to show how his achievements are not flawless. For this he quotes Amartya Sen who says that the infant mortality rate of Gujarat is more then three times than of Kerala and the life expectancy ten years lower. I wonder why Amartya Sen picked up Kerala and did not compare these two indices with those of his own State West Bengal –or Orissa, Bihar and Uttar Pradesh. One can juggle with statistics as Justice Sachar did in his famous survey.-this to suit one’s own hypothesis. Coming to the recent scandal the author of the Economist has again played to the gallery:-regarding the accusation that Modi used intelligent officers to spy on a woman with whom ‘Modi was apparently besotted” is ample prove of the author’s prejudice and anti Modism. The article is not worth being published in the Indian Express. Finally I want to assert that there are writers who want the Congress dynasty to continue because it brings them gains. It is the vested interested of the media which assails Modi-especially the English media. The electronic media is no better. I wish and fervently hope that the media both print and electronic will play its unbiased positive role as the fourth estate and uphold itself as a pillar of true democracy and democratic values. Dr Mrs Hilda Raja, Vadodara

9 Comments Add your own

  • 1. Sita  |  October 27, 2013 at 10:26 am

    This post is timely but I wonder if we would have enough time to even read & react to this bill,the way the govt at the centre is going about it.
    The Govt seems bent on proving that there is something called ‘Hindu- Terror’ , so they’ve brought about this bill. Our Govt seems to be working on the premise if a lie is repeated often it will become true ! This also seems to be targeting those who are neither Muslim or Christian,for not being Muslim/Christian.Only in Islamic thought have I come across this kind of Logic of guilt by non-association.

    • 2. Hilda Raja  |  October 31, 2013 at 2:57 am

      Thank you Sita.Wait for the winter session of Parliament and see what happens.The Congress is determined to get this bill passed.Manish Tiwari calls it a progressive bill!Take care and keep in touch.Love Maam

  • 3. Thirumaran S  |  October 30, 2013 at 4:32 pm

    Hope you remember me. I sincerely request you to join Twitter (or /and Facebook) where your wonderfully honest and patriotic views will be better known and more appreciated.

    • 4. Hilda Raja  |  October 31, 2013 at 3:01 am

      How can I forget you THIRUMARAN.You have been most appreciative of my writings.I have an aversion to Twitter and FB.I am not computer savvy.But I don’t mind any one picking my any of my articles and putting it in it in Twitter or/and FB.Thank you for your sincere wishes and may Diwali-the feast of Lights brighten and light your Life’s path and lead you on.Regards.HR

      • 5. Thirumaran S  |  December 18, 2013 at 4:24 pm

        I once again request you to open Twitter Account and start tweeting your wonderfully honest views. The response and reach would be amazing. After all you are the pioneer blogger against the anti-national Cong-UPA govt at centre.

  • 6. Sita  |  October 31, 2013 at 12:36 pm

    Ma’am,you’ll love twitter Ma’am.very convenient 7 would get quick response. I put your articles on Twitter & My friends there appreciate your posts.

    • 7. Hilda Raja  |  November 2, 2013 at 4:29 am


  • 8. Sita  |  November 3, 2013 at 7:32 pm

    Thank you Ma’am

  • 9. Abhishek Pandya  |  January 27, 2014 at 10:01 am

    Dear madam,

    I read all of your articles regularly and appreciate that you’ve got great sense of this country and doing your best to save it from these communal thugs. However, when you mentioned of the Muslims have 95% Hindu ancestory, I was compelled to provide you with a few links of history, which would demonstrate that what you said was indeed right:


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